detainee

During our unannounced inspection of Otay Mesa in San Diego, California, we identified violations of ICE detention standards that compromised the health, safety, and rights of detainees.  Otay Mesa complied with standards for classification and generally provided sufficient medical care to detainees.  In addressing COVID-19, Otay Mesa did not consistently enforce precautions including use of facial coverings and social distancing.   Overall, we found that Otay Mesa did not meet standards for grievances, segregation, or staff-detainee communications.  Specifically, Otay Mesa did not respond timely to detainee grievances and did not forward staff misconduct grievances to ICE as required.  In addition, Otay Mesa was not consistently providing required services for detainees in segregation including access to recreation, legal calls, laundry, linen exchange, mail, legal materials, commissary, and law library.  Further, ICE did not consistently respond to detainee requests timely and did not specify times for visits with detainees.  Finally, we determined the declining detainee population at Otay Mesa caused ICE to pay more than $22 million for unused bed space under a guaranteed minimum contract.  We made seven recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations to ensure the San Diego ERO Field Office overseeing Otay Mesa addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with six recommendations and non-concurred with one recommendation.

ICE has taken various actions to prevent the pandemic’s spread among detainees and staff at their detention facilities. At the nine facilities we remotely inspected, these measures included maintaining adequate supplies of PPE such as face masks, enhanced cleaning, and proper screening for new detainees and staff. However, we found other areas in which detention facilities struggled to properly manage the health and safety of detainees. For example, we observed instances where staff and detainees did not consistently wear face masks or socially distance. In addition, we noted that some facilities did not consistently manage medical sick calls and did not regularly communicate with detainees regarding their COVID-19 test results. Although we found that ICE was able to decrease the detainee population to help mitigate the spread of COVID-19, information on detainee transfers was limited. We also found that testing of both detainees and staff was insufficient, and that ICE headquarters did not generally provide effective oversight of their detention facilities during the pandemic. Overall, ICE must resolve these issues to ensure it can meet the challenges of not only the COVID-19 pandemic, but future pandemics as well. We made six recommendations to improve ICE’s management of COVID-19 in its detention facilities. ICE concurred with all six recommendations.

We found Border Patrol provided adequate medical assistance to the mother and her newborn, and complied with applicable policies. However, we found that Border Patrol’s data about pregnant detainees is limited and the agency lacks the necessary processes and guidance to reliably track childbirths that occur in custody. In addition, our review of a sample of childbirths in custody showed Border Patrol did not always take prompt action to expedite the release of U.S. citizen newborns, resulting in some being held in stations for multiple days and nights. Although some of these instances may have been unavoidable, Border Patrol needs reliable practices to expedite releases because holding U.S. citizen newborns at Border Patrol stations poses health, safety, and legal concerns. Lastly, we found that Border Patrol agents do not have guidelines on interpreting for Spanish-speaking detainees at hospitals. As a result, an agent assigned to hospital watch for the detainee provided interpretation that may not have comported with CBP’s language access guidance. We made four recommendations to improve CBP’s processes for tracking detainee childbirths, its practices for expediting release of U.S. citizen newborns, and its guidance to agents on providing interpretation for detainees. CBP concurred with all four recommendations

U.S. Immigration and Customs Enforcement (ICE) contracts with 106 detention facilities to detain removable aliens. In FY 2017, these 106 facilities held an average daily population of more than 25,000 detainees. Since the beginning of FY 2016, ICE has paid more than $3 billion to the contractors operating these 106 facilities. Despite documentation of thousands of deficiencies and instances of serious harm to detainees that occurred at these detention facilities, ICE rarely imposed financial penalties. ICE should ensure that detention contracts include terms that permit ICE to hold contractors to performance standards and impose penalties when those standards are not maintained.

Representative Raúl M. Grijalva requested that we review U.S. Immigration and Customs Enforcement’s (ICE) decision to award GEO Care, LLC a contract to establish a Family Case Management Program (FCMP). We sought to determine whether ICE awarded the FCMP contract in accordance with laws, regulations, and guidance. We also conducted a limited review of post-award contract modifications. FCMP is an alternative to detention that uses case managers to ensure participants comply with their release conditions, such as attending court hearings, while allowing them to remain in their community as they move through immigration proceedings. We determined that ICE properly awarded FCMP contracts.